NOTICE IS HEREBY GIVEN that the Division of Labor Statistics and Research is
proposing to take the action described in the Informative Digest. Any person
interested may present statements or arguments orally or in writing relevant to
the action proposed at a hearing to be held beginning at 10 a.m. in Hearing Room
9 at the Hiram Johnson State Building at 455 Golden Gate Avenue, San Francisco,
California on Monday, May 13, 2002. These facilities are accessible to persons
with mobility impairments.

Written comments must be received by mail, by fax or by email no later than
5:00 p.m. on Monday, May 13, 2002, or must be received at the hearing. Comments
must be addressed to either of the following:

The official record of the rulemaking proceeding will be closed at 5:00 p.m.
on May 13, 2002. The Division of Labor Statistics and Research shall not
consider written comments received after that date and time unless an extension
of time in which to receive specific written comments is announced at the public
hearing.

The Division of Labor Statistics and Research may thereafter adopt the
proposed regulations substantially as described below, or may modify it if such
modification is sufficiently related to the original text. With the exception of
technical or grammatical changes, the full text of any modified proposal will be
available for 15 days prior to its adoption from the person designated in this
Notice as contact person and will be mailed to those persons who submit written
or oral testimony related to this proposal or who have requested notification of
any changes to the proposal.

Authority and Reference

Authority cited: Labor Code Sections 50.7 and 6410.

Reference: Labor Code Section 6410.

Informative Digest/Policy Statement Overview

Pursuant to Labor Code Section 6410, DLSR, a division within the Department
of Industrial Relations, is charged with prescribing and providing the forms
necessary for maintenance of records of occupational injuries and illnesses
required by the United States Department of Labor under the Federal Occupational
Safety and Health Act of 1970 (P.L. 91-596). Requirements for fulfilling this
mandate are currently found in Article 2 of Subchapter 1, Chapter 7, Division 1
of Title 8 in the California Code of Regulations ("Article 2").

On January 19, 2001, the U.S. Department of Labor, Occupational Safety and
Health Administration (OSHA) promulgated revisions to regulations at 29 CFR 1904
addressing Occupational Injury and Illness Recording and Reporting. See Federal
Register Volume 66, No. 13, pages 5916-6135. The State of California, through
DLSR, was required by the provisions of 29 CFR 1902.3(k), 29 CFR 1952.4, and 29
CFR 1956.10(i), to adopt regulations for recording of occupational injuries and
illnesses that are substantially identical to the requirements of revised 29 CFR
1904. As a result, the revised provisions of Article 2, Sections 14300 through
14300.47 took effect on January 1, 2002.

DLSR now proposes to revise Sections 14004 and 14005 by modifying the
Employer's Report, the Form 5020, or an equivalent approved by DLSR, to include
the additional instructions that are required by Section 14300.29 and Appendix F
to protect the confidentiality of the employee, and to include two questions
that are now required by Appendix F. The revised form would fulfill the
requirements for a form equivalent to the Cal/OSHA Form 301, Appendix C, as
specified by Section 14300.29(b)(4).

To implement the new provisions, DLSR proposes to repeal Form 5020 Revision 6
in Section 14004, and replace it with Form 5020 Revision 7. Revision 7 retains
the content of Revision 6, but adds the instruction to the custodian of these
forms to protect the confidentiality of the employees whose personal information
has been recorded on the forms. DLSR also proposes to specify in Section 14005
that this instruction must appear in the form 5020 that is reproduced and
adopted by insurers and self-insured employers. The instruction is as follows:

ATTENTION: This form contains information relating to employee health and
must be used in a manner that protects the confidentiality of employees to the
extent possible while the information is being used for occupational safety and
health purposes. Reference: Section 14300.29 (b)(6)-(10).

Confidential information may be disclosed to the employee, former employee,
or their personal representative (8 CCR 14300.35), to others for the purpose of
processing a workers' compensation or other insurance claim; and under certain
circumstances to a public health or law enforcement agency or to a consultant
hired by the employer (8 CCR 14300.30). 8 CCR 14300.40 requires provision upon
request to certain state and federal workplace safety agencies.

Revision 7 also contains two questions that are not in Revision 6. These are:

1) Was the employee treated in an emergency room? (Yes or No)
2) Was the employee hospitalized overnight as an in-patient? (Yes or No)

Revision 7 also has reformatted information that facilitates the process of
protecting an employee's confidentiality.

The proposed revisions to Sections 14004 and 14005 will enable employers and
insurers to utilize a form that functions as a reporting form for the workers'
compensation process, and as the Cal/OSHA Injury and Illness Incident Report
Form 301. This will reduce the paperwork burden of the regulated public.

More Information

The full text of the proposed regulations, and all information upon which the
proposed regulations are based, including an initial statement of the reasons
for the proposed regulations, are available upon request. Inquiries concerning
the proposed regulations, including questions regarding the substance of the
proposed regulations, may be directed to:

The Division's rulemaking file on the proposed regulations is open for public
inspection Monday through Friday, from 8:00 a.m. to 5:00 p.m., at 455 Golden
Gate Avenue, 10th Floor, San Francisco, California. Interested parties may
obtain copies of the Initial Statement of Reasons, the actual text of the
proposed regulations, this notice, and the final statement of reasons, (once it
has been prepared pursuant to Government Code Section 11346.9(a)) from the
Division representatives named above, or from the Division's website >www.dir.ca.gov/DOSH<.
Click on "Proposed Regulations."

Cost or Savings of the Proposed Regulations

Costs or Savings to State Agencies: No costs or savings to state agencies
will result as a consequence of the proposed regulations.

Impact on Housing Costs: The proposed regulations will not significantly
affect housing costs.

Impact on Businesses: The Division has made an initial determination that
the proposed regulations will not result in a significant statewide adverse
economic impact directly affecting businesses, including the ability of
California businesses to compete with businesses in other states.

Cost Impacts on Representative Private Persons or Businesses: The
Division is not aware of any cost impacts that a representative private person
or business would necessarily incur in reasonable compliance with the proposed
regulations.

Costs or Savings in Federal Funding to the State: The proposed
regulations will not result in costs or savings in federal funding to the State.

Costs or Savings to Local Agencies or School Districts: No costs to local
agencies or school districts are required to be reimbursed. See explanation
under "Determination of Mandate".

Other Nondiscretionary Costs or Savings Imposed on Local Agencies: The
proposed regulations do not impose nondiscretionary costs or savings on local
agencies.

Determination of Mandate

The proposed regulations do not impose a mandate on local agencies or school
districts. The Division has determined that the proposed regulations do not
impose a mandate requiring reimbursement by the State pursuant to Part 7
(commencing with Section 17500) of Division 4 of the Government Code because the
proposed regulations do not constitute a "new program or higher level of
service of an existing program within the meaning of Section 6 of Article XIII B
of the California Constitution."

The California Supreme Court has established that a "program"
within the meaning of Section 6 of Article XIII of the California Constitution
is one which carries out the governmental function of providing services to the
public, or which, to implement a state policy, imposes unique requirements on
local governments and does not apply generally to all residents and entities in
the state. (County of Los Angeles v. State of California (1987) 43 Cal.3d
46.).

The proposed regulations do not require any local agency to carry out the
governmental function of providing services to the public.

Effect on Small Businesses

It has been determined that the proposed regulations may affect small
businesses.

Assessment.

The adoption of the proposed regulations will neither create nor eliminate
jobs in the State of California nor result in the elimination of existing
businesses or create or expand businesses in the State of California.

Consideration of Alternatives.

The Division must determine that no reasonable alternative considered by the
Division, or that has been identified and brought to the attention of the
Division, would be more effective in carrying out the purpose for which the
action is proposed or would be as effective and less burdensome to affected
private persons than the proposed action.